What is the trust fund recovery penalty and can it apply to foreign LLC owners?
My foreign-owned U.S. LLC has employees and I handle payroll. I fell behind on payroll tax deposits. Someone told me the IRS can hold me personally liable for the unpaid payroll taxes through something called the trust fund recovery penalty. How does this work?
Related Questions
What is the accuracy-related penalty under IRC 6662 and when does it apply?
The IRS audited my foreign-owned LLC and says I understated my income. They are assessing a 20% accuracy-related penalty on top of the additional tax. What triggers this penalty and is there any way t...
What are the penalties under IRC 6651 for filing late or paying late, and how do they apply to foreign LLC owners?
I'm a Nigerian business owner with a Wyoming LLC. I missed the April 15 deadline for filing my Form 5472 and pro forma 1120 last year. I also have some ECI that I owe tax on, and that payment is late ...
Can the IRS get my passport revoked if my Wyoming LLC owes back tax?
I'm a Mexican citizen with a Wyoming LLC. The LLC has unpaid Form 5472 penalties from 2023 and 2024 totaling around $50,000. I just renewed my Mexican passport and I'm planning to visit the U.S. for a...
My CPA mentioned IRC 7701(a)(30) — what does 'U.S. person' mean for my foreign-owned LLC?
I live in Germany and own a single-member LLC in Wyoming. My CPA keeps referencing IRC Section 7701(a)(30) when explaining why I file differently than a domestic owner. He says I'm not a 'U.S. person'...
What are the penalties for not filing a Beneficial Ownership Information report?
I read that the Corporate Transparency Act requires my foreign-owned LLC to file a Beneficial Ownership Information (BOI) report with FinCEN. What happens if I miss the deadline? I heard the current c...
Our joint return showed tax due, not hidden income. Can equitable relief still help if my spouse promised to pay and never did?
I am from South Korea and filed jointly with my spouse when we were still operating a U.S. services business together. The return itself was not inaccurate, but it showed about $41,000 due. My spouse ...
I run a one-person foreign-owned LLC — do I really need a transfer pricing study, or is that only for big multinationals?
My US single-member LLC is owned by me, a non-resident, and it does maybe $120K a year. The only related-party items are some money my home-country company invoices the LLC for and an owner advance I ...
Can First-Time Abatement remove the accuracy penalty on my CP2000?
My CP2000 added a 20% accuracy penalty on top of the extra tax. I've never had a penalty before, so can I just ask for First-Time Abatement to get it removed? If not, what's the right way to fight the...
Our closing agent used a FIRPTA exception certification but never sent the required copy to the IRS. Does that break the exception?
The transaction relied on an exception to withholding and everyone was relieved to avoid moving a large amount of cash at closing. Only afterward did we learn that the regulations may have required th...
What is the accuracy-related penalty under IRC 6662 and when does the IRS impose it on foreign LLC owners?
I just received a letter from the IRS saying they're proposing a 20% accuracy-related penalty on an adjustment they made to my LLC's tax return. They said I understated my income by not properly repor...
Have a similar question?
ForeignLLCTax members get expert answers with IRS citations. One CPA consultation costs $200+. Full access is $9.99/month.
Become a Member — $9.99/moDisclaimer: All content on ForeignLLCTax.com is created by a tax professional and is provided for general educational and informational purposes only. It does not constitute tax, legal, or accounting advice, and should not be relied upon as such. Every tax situation is different — for advice specific to your circumstances, please consult a licensed CPA, Enrolled Agent, or tax attorney. By using this website, purchasing a subscription, or accessing any tools or services, you acknowledge that no client-professional relationship is established between you and ForeignLLCTax.com or its operators. This website is not affiliated with the IRS.
